97 Apostolate or Contemplation: 1677-1723 of the ten pleasures, the virtues of the Blessed Virgin Mary.” They were entitled to wear the white habit previously adopted by Fr. Papczyński. This decree of the general of the Franciscans of Observance was crucial for the Marians because it removed them from the authority of the local ordinaries and gave them the privilege of exemption. Joachim Kozłowski presented this document of incorporation with the Rule of the Ten Virtues to the Holy See. In response, on November 24, 1699, Pope Innocent XII gave him the rescript Exponi Nobis Nuper, addressed to the Apostolic Nuncio in Poland.126 The rescript informed the nuncio that the Marians had adopted the Rule of the Ten Virtues of the Blessed Virgin Mary in fraternal unity with the Seraphic Order and that this made the Marians an Order of solemn vows127 endowed with the numerous graces and privileges granted to orders making their vows on the Rule of the Ten Virtues. The nuncio’s task was to execute the papal decrees, that is, to ascertain the acceptance of the rule by all Marians, as we read in his letter: “We command, first of all, the consent of the priests and brothers wishing to make their profession on this Rule.”128 At the Chapter 126 The papal rescript was considered by the Marian Order as a legal act approving their existence. However, this belief was challenged by Fr. Julian Kałowski, who clearly stated: “The papal rescript of Innocent XI cannot be considered in any way as a legal act approving the Marian Order. One could only agree that although the Pope does not formally approve the Marian Order in the document, the mere issuance of the document indicates that no obstacles are placed on the execution of the decree of the eneral of the Friars Minor Observants, and indirectly recognizes the Marian Order.” Julian Kałowski, The problem of the jurisdictional dependence of the Marian Order from the Friars Minor of Observance, in: “Prawo Kanoniczne” 27 (1984), n. 1-2, pp. 119-144. In this context, one can understand the intervention of Bishop Rostkowski and Bishop Tarło in the affairs of the Marian Order, as the Marians did not enjoy full “exemption” privileges. This issue was strongly addressed by the Congregation of Bishops and Religious in the years 1785-1786 during the efforts to separate themselves from the Observants, and it caused the Marians a lot of trouble, expenses, and effort. Fr. Gołkowski was told at that time that the original papal approval “was not an approval of the Order but only the acceptance of the Rule and the acceptance of profession by the Nuncio in Poland, and there is evidence of the Nuncio [...], and therefore, explicite approval for your Order is necessary.” See Prot. Rom., Norbert Gołkowski to the Superior General, May 20, 1786. In a letter to the general dated September 17, 1785, he complained that in the mentioned Congregation, the Marians were accused of not being true religious order members but only approved as a confraternity by the Nuncio. Some Marians claimed that in 1699 and 1723, only the Rule and Constitutions were approved, not the Order itself. 127 Text of the brief Exponi nobis nuper, in: Positio, Papczyński, pp. 544-546; Navikevicius, Appendix, I, n. 39; Regula Ordinis Beatae Virginis Mariae, Varsaviae 1723, pp. 40-44. For Polish language, see S. Sydry, O. Stanisław , pp. 238-239. Commentary: J. Kałowski, Problem zależności, pp. 55-76. 128 S. Sydry, O. Stanisław, p. 242.
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